Doesn't know what to do. Please advise.

[Innd]

My partner and I have been living together for a little over a year now here in Canada. I want to sponsor him as a common law. I'm a naturalized Cdn citizen and he holds a visitors visa. We have proofs that we have been cohabiting for the last 12 months. (Joint bank acct, he's my secondary credit card holder, hydro Bill's, letters from my family and friends, photos). The issue is he's still married in the Philippines even though the marriage was broken up since 2012. ( he worked overseas and when he's back in the Philippines for holiday he stayed at his parent's home). If he apply for Divorce here in Canada she might create a problem for him just to despise him. ( e.g. she might contest the divorce, that would delay the decision.) All their 3 children are grown ups and independent. 2 are married already. ( 29, 26, and 23 years old). He left their home to them and does not care for it, he was also sending his youngest daughter to college up until she graduated and found a job now. So he was very responsible and just want to be happy now.

My question is: Would it cause problem to our application if he doesn't file for divorced? We also know that she WILL NOT sign a separation agreement
Any idea what can we submit to prove that they have been separated since 2012. We have a copy legal separations paper that he filed in the court last 2012 ( STAMPED) but the case was dismissed because when he was summoned for the court hearing the COURIER delivered it to her house and SHE hide it from him. ( Note: he already moved out of their matrimonial home that time). So there was no show in the court for both parties. So the Case was dismissed. Your help and input will be very much appreciated. We are planning to file inland so we are being very careful because we know that once refused we cannot appeal. Thanks in Advance!

 

[steaky]

Yes, it will cause problem if he didn't divorce. It would appear a polygamous relationship and Canada does not recognize polygamy.

 

[scylla]

My partner and I have been living together for a little over a year now here in Canada. I want to sponsor him as a common law. I'm a naturalized Cdn citizen and he holds a visitors visa. We have proofs that we have been cohabiting for the last 12 months. (Joint bank acct, he's my secondary credit card holder, hydro Bill's, letters from my family and friends, photos). The issue is he's still married in the Philippines even though the marriage was broken up since 2012. ( he worked overseas and when he's back in the Philippines for holiday he stayed at his parent's home). If he apply for Divorce here in Canada she might create a problem for him just to despise him. ( e.g. she might contest the divorce, that would delay the decision.) All their 3 children are grown ups and independent. 2 are married already. ( 29, 26, and 23 years old). He left their home to them and does not care for it, he was also sending his youngest daughter to college up until she graduated and found a job now. So he was very responsible and just want to be happy now.

My question is: Would it cause problem to our application if he doesn't file for divorced? We also know that she WILL NOT sign a separation agreement
Any idea what can we submit to prove that they have been separated since 2012. We have a copy legal separations paper that he filed in the court last 2012 ( STAMPED) but the case was dismissed because when he was summoned for the court hearing the COURIER delivered it to her house and SHE hide it from him. ( Note: he already moved out of their matrimonial home that time). So there was no show in the court for both parties. So the Case was dismissed. Your help and input will be very much appreciated. We are planning to file inland so we are being very careful because we know that once refused we cannot appeal. Thanks in Advance!

Yes- you can sponsor him as common law without him getting a divorce first (you just can't get married). As part of the application package, I would include the copy of legal separations paper that was filed in 2012 to demonstrate that he attempted to file a legal separation.

 

[scylla]

Yes, it will cause problem if he didn't divorce. It would appear a polygamous relationship and Canada does not recognize polygamy.

They can certainly go the common law route. You can become common law without getting a divorce - plenty here have done this successfully. They just can't get married.

 

[Innd]

Yes, it will cause problem if he didn't divorce. It would appear a polygamous relationship and Canada does not recognize polygamy.

They can certainly go the common law route. You can become common law without getting a divorce - plenty here have done this successfully. They just can't get married.

Thank you Scylla!

 

[Innd]

Yes- you can sponsor him as common law without him getting a divorce first (you just can't get married). As part of the application package, I would include the copy of legal separations paper that was filed in 2012 to demonstrate that he attempted to file a legal separation.

Thank you, as for follow up question, do we have to explain why he did not applied a divorce and can we exactly say that we are 100 percent sure that she will contest it? Because I think there's a question on the form that is asking if why we are not married or is there ceremony? And explain why not?

 

[Agman]

No you just need to qualify as common law and send the proof that you would be required to send as a common law

 

[canuck78]

Has he been extending his visitor status. If he is out of status he can't apply for an OWP with his inland sponsorship. It would also be really helpful if he was on a lease agreement.

 

[Innd]

Has he been extending his visitor status. If he is out of status he can't apply for an OWP with his inland sponsorship. It would also be really helpful if he was on a lease agreement.

Yes, we have filed for his second extension and just waiting for their response. We applied last November but we haven't heard anything as of today. I acquired my 2 bedroom condominium unit 12 years ago so, I cannot put him on the lease/mortgage. But I started taking our monthly condo fee from our joint account few months ago. My property manager is willing to give me a letter that we have been cohabiting in the same unit. Perhaps, I could also ask our roommate to write an affidavit attesting that we also been cohabiting as a couple from day 1 since his arrival here in Canada? Our biggest worries is because they might asked us why he is not divorced.

 

[canuck_in_uk]

Yes, we have filed for his second extension and just waiting for their response. We applied last November but we haven't heard anything as of today. I acquired my 2 bedroom condominium unit 12 years ago so, I cannot put him on the lease/mortgage. But I started taking our monthly condo fee from our joint account few months ago. My property manager is willing to give me a letter that we have been cohabiting in the same unit. Perhaps, I could also ask our roommate to write an affidavit attesting that we also been cohabiting as a couple from day 1 since his arrival here in Canada? Our biggest worries is because they might asked us why he is not divorced.

Yes, get the letters.

They will not ask you why he is not divorced. IRCC is well aware that relationships start while people are waiting or unable to divorce.

 

[bukayo]

My partner and I have been living together for a little over a year now here in Canada. I want to sponsor him as a common law. I'm a naturalized Cdn citizen and he holds a visitors visa. We have proofs that we have been cohabiting for the last 12 months. (Joint bank acct, he's my secondary credit card holder, hydro Bill's, letters from my family and friends, photos). The issue is he's still married in the Philippines even though the marriage was broken up since 2012. ( he worked overseas and when he's back in the Philippines for holiday he stayed at his parent's home). If he apply for Divorce here in Canada she might create a problem for him just to despise him. ( e.g. she might contest the divorce, that would delay the decision.) All their 3 children are grown ups and independent. 2 are married already. ( 29, 26, and 23 years old). He left their home to them and does not care for it, he was also sending his youngest daughter to college up until she graduated and found a job now. So he was very responsible and just want to be happy now.

My question is: Would it cause problem to our application if he doesn't file for divorced? We also know that she WILL NOT sign a separation agreement
Any idea what can we submit to prove that they have been separated since 2012. We have a copy legal separations paper that he filed in the court last 2012 ( STAMPED) but the case was dismissed because when he was summoned for the court hearing the COURIER delivered it to her house and SHE hide it from him. ( Note: he already moved out of their matrimonial home that time). So there was no show in the court for both parties. So the Case was dismissed. Your help and input will be very much appreciated. We are planning to file inland so we are being very careful because we know that once refused we cannot appeal. Thanks in Advance!

PM me. I think I could help.

 

[Innd]

Yes, get the letters.

They will not ask you why he is not divorced. IRCC is well aware that relationships start while people are waiting or unable to divorce.

We are also thingking of getting a letter from the community chairman (in the Phil) who knows both my partner and his ex wife . Because it is only a small community so the chairman knows of what's happening within his jurisdiction. so he's all aware that the two of them have been separated since 2012. I read it here that that's what they did when they couldn't get an annulment or divorce when applying as a common law. Just a confirmation that they have been separated since 2012. I hope that all of these would be enough to help with our application.

 

[canuck_in_uk]

We are also thingking of getting a letter from the community chairman (in the Phil) who knows both my partner and his ex wife . Because it is only a small community so the chairman knows of what's happening within his jurisdiction. so he's all aware that the two of them have been separated since 2012. I read it here that that's what they did when they couldn't get an annulment or divorce when applying as a common law. Just a confirmation that they have been separated since 2012. I hope that all of these would be enough to help with our application.

Don't stress. IRCC is familiar with this situation, especially when a partner is from the Philppines.

 

[Innd]

Don't stress. IRCC is familiar with this situation, especially when a partner is from the Philppines.

Thank you so much guys, for all your input. Very much appreciated!

 

[Amy mouse]

You will need lots of proof but it sounds like you have it. Ircc are gonna be quite critical of your relationship so just he prepared . Include a letter as to why and give anything you have that proves he left her and goid luck